Reasons For The Dispute Of Judicial Expertise And The Solution Approach

A part of the legal opinion of Forensic Evidence, In some cases, the judicial expert opinion may in fact become "king of evidence", becoming contradictory vortex center. Cases' contradiction directed the judicial expert opinion. For this paper justice expert opinion and the solution to the dispute have positive significance for the study of Forensic practice and build a harmonious society.The thesis consists of four parts, the body of some 20,000 eight thousand words.The first, the second part of this paper summarized the main social problems of this writing and the current significance of Forensic exist. Ways to resolve the dispute as a power expert opinion compromise the rights recognized in the balance of power and protection of the rights of the process, not only to reflect the rights of the parties shall probability of litigation, reflect expert opinion as legal evidence of probative value, but also because the rights are met to make Expert opinion is controversial digestion, by means of effective solutions to prevent meaningless expert opinion dispute occurs, thereby increasing the efficiency of the proceedings and authority. However, the moment of Forensic exists a prominent social problems, including: downtown Kam, malicious complaints, repeated requests to identify, difficult to choose multiple identification disagreement, lack of effective coping mechanisms, inadequate legal protection of Appraisers.The third part of the paper analyzes the reasons of judicial expert opinion dispute has arisen, in order to identify the root causes of social problems of objective reality. For reasons of judicial expert opinion controversy generated can be analyzed from the following four aspects: First, the reason for the parties; Second, the reasons identified party; Third, the reasons for the commissioning party; Fourth, the reasons of Forensic administration party. For the parties, the psychological self-interest driven in front identification foresee expert opinion against themselves; damage identification results or adversely own interests and needs will have expert opinion controversy. For identification of parties, the level of man's own shortcomings identified; the identification process is not standardized; identification of the book written arguments and flawed expert opinion is to generate controversy reasons. For the principal, the reasons include the presence of the Principal Kam send defective material; there are few Principal play "pass the buck" is suspected; flawed court "Kam trial separation"system; trial parties not strict; lack of guidance identified by filtration judge theory of law and legal principles views. For the identification of judicial administration side, there are reasons for the existence of party identification information disclosure inadequate; management of Forensic administration party is not in place.The fourth part of this paper is to analyze the reasons for the above, judicial expert opinion way to resolve the dispute can be summarized as follows: First, the enforcement phase of the correct application of the existing legal provisions. Second, improve the judicial identification, that is, to improve judicial expert access, elimination system; improve judicial appraisal commissioned, accepted provisions; judicial appraisal activities to regulate the development of national standards of judicial identification. Third, improve the administration of justice identified, that is unified party publicity identification of specific information on the identification of bodies stratified; put an end to the administrative side of Forensic Identification of specific cases of interference; improvement of Forensic complaint management system, equal treatment of accreditation bodies. Fourth, improve the preparation and follow-up work of the investigators, so actively communicate with expert witnesses. Fifth, straightening out relations and identification of related parties.